Banumathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Banumathi ... Petitioner Vs.

1.The District Collector, Madurai.

2.The Superintendent of Police, Madurai District 3.The Chairman, District Legal Services Authority, District Court Campus, Madurai.

4.The Inspector of Police, Thirumangalam Town Police Station, Thirumangalam Post, Madurai.

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, direct the respondents to provide a compensation of Rs.15,00,000/- (Rupees Fifteen Lakhs only) to the petitioner under the Victim Compensation Scheme for the death of her husband Palaniyandi in the road accident that took place on 22.10.2020. For Petitioner : Mr.P.Ganapathi Subramanian For R1 & R3 : Ms.D.Farjana Ghoushia Special Government Pleader 1/5

For R2 & R4 : Mr.R.Sivakumar Government Advocate (Crl.Side) O RDER This writ petition has been filed for the issue of writ of mandamus directing the respondents to provide compensation to the petitioner under the Victim Compensation Scheme for the death of her husband in a road accident that took place on 22.10.2020.

2.Heard the learned counsel for the petitioner, the learned Special Government Pleader for the first and third respondents and the learned Government Advocate (Crl.Side) for the second and fourth respondents. 3.The case of the petitioner is that she lost her husband in a hit and run case on 22.10.2020. The husband of the petitioner died on the spot in that accident. FIR was registered in Crime No.1188 of 2020 for the offence under Sections 279 and 304-A IPC. The grievance of the petitioner is that the vehicle was not identified and as a result, the offenders remained undetected. The petitioner had to maintain two minor children and she did not have any independent employment. Therefore, the petitioner made a representation claiming compensation under the Victim Compensation Scheme. Since the 2/5

same was not considered, the present writ petition has been filed before this Court.

4.The learned Special Government Pleader appearing for the respondents 1 to 3 submitted that the representation made by the petitioner seeking for compensation under the Victim Compensation Scheme is under consideration and that the compensation is being paid year wise/seniority wise and that as and when the turn of the petitioner comes, the compensation amount will be paid to the petitioner.

5.In light of the above submission made by the learned Special Government Pleader, there shall be a direction to the respondents to pay the victim compensation to the petitioner as and when the turn of the petitioner comes and as expeditiously as possible.

6.This writ petition is disposed of in the above terms. No costs. 17.11.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No ta 3/5

To 1.The District Collector, Madurai.

2.The Superintendent of Police, Madurai District 3.The Chairman, District Legal Services Authority, District Court Campus, Madurai.

4.The Inspector of Police, Thirumangalam Town Police Station, Thirumangalam Post, Madurai.

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N.ANAND VENKATESH, J.

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